Privacy policy

GEN PERFORMANCE attaches particular importance to the protection of your personal data and to transparency about how it is used.

This Privacy Policy explains what data may be collected when you use the gen-performance.com website, place an order, contact our customer service or interact with our services, as well as the purposes of this processing, its legal bases, its recipients, its retention periods and the rights available to you.

Key points

  • GEN PERFORMANCE only collects the data necessary for the operation of the shop, the processing of orders, customer service, the security of the website and, where you have agreed or where the regulations permit, commercial communications.
  • GEN PERFORMANCE neither sells nor rents your personal data.
  • Certain data must be passed on to service providers necessary for the performance of your order, in particular Shopify, payment service providers, carriers and, where necessary, certain suppliers.
  • Advertising cookies or other trackers subject to consent may only be used under the conditions laid down by the applicable regulations.
  • You can exercise your rights regarding your personal data by writing to contact@gen-performance.com.

1. Data controller

For data processing carried out in connection with the operation of the GEN PERFORMANCE shop, the data controller is:

GEN PERFORMANCE – SASU with a share capital of €250
President: Maxime GENIN
Registered office: 13 Route de Toulouse, 31490 Léguevin – France
952 440 725 R.C.S. Toulouse
SIREN: 952 440 725
SIRET: 952 440 725 00010
Intra-community VAT number: FR74 952 440 725
E-mail: contact@gen-performance.com
Telephone: +33 7 62 35 02 73

GEN PERFORMANCE determines the purposes and means of the processing of personal data carried out in connection with its relationship with its Customers and visitors, subject to processing carried out under the sole responsibility of certain third-party service providers.

2. What data may we collect?

Depending on how you use the website and the services offered, GEN PERFORMANCE may process the following categories of data:

2.1. Identity and contact data

  • surname;
  • first name;
  • postal address;
  • billing address;
  • delivery address;
  • e-mail address;
  • telephone number.

2.2. Customer account data

When you create or use a Customer account, we may process in particular your login, the contact details associated with the account, saved addresses, order history, your preferences and the information necessary to manage your account.

GEN PERFORMANCE does not have access to your password in plain text.

2.3. Order data

We may in particular process:

  • the Products ordered;
  • the quantities;
  • the amount and currency of the order;
  • the discounts used;
  • billing and delivery information;
  • the payment status;
  • shipping and tracking information;
  • returns, refunds and credit notes;
  • exchanges with the after-sales service;
  • any information about the motorcycle or vehicle that you provide to us in order to check the compatibility of a Product.

2.4. Payment data

Payments are processed by specialised and secure service providers.

GEN PERFORMANCE neither receives nor stores full card numbers, card security codes or other complete bank authentication data when these are processed directly by the payment service provider.

GEN PERFORMANCE may, however, receive and store certain information necessary to follow up the transaction, such as:

  • the payment status;
  • the amount;
  • the date of the transaction;
  • the payment method used;
  • a transaction reference or identifier;
  • and the information necessary to match a payment with an order.

2.5. Customer service and after-sales data

When you contact GEN PERFORMANCE, we may keep the information contained in our exchanges, in particular:

  • your contact details;
  • your order number;
  • the Products concerned;
  • the messages exchanged;
  • the photographs or videos you send us;
  • the technical information necessary to diagnose a problem;
  • and the documents necessary to process a complaint, a return, a warranty claim or a dispute.

2.6. Technical and browsing data

When you browse, certain technical information may be collected automatically, in particular:

  • IP address;
  • type of device;
  • browser type and version;
  • operating system;
  • language;
  • date and time of connection;
  • pages viewed;
  • source or referring website;
  • interactions with the website;
  • cookie identifiers or similar technologies where their use is authorised.

2.7. Marketing preferences

We may also process your choice whether or not to receive commercial communications, as well as the information necessary to manage your subscriptions, unsubscriptions and objections.

3. Where does the data come from?

The data we process may come:

  • directly from you when you place an order, create an account, fill in a form or contact GEN PERFORMANCE;
  • from your device when you browse the website;
  • from Shopify in connection with the operation of the shop;
  • from payment service providers regarding the status and processing of a transaction;
  • from carriers regarding the transport and delivery of your parcel;
  • from suppliers or manufacturers where their involvement is necessary to process an order or an after-sales request;
  • and, where applicable, from third-party platforms or services with which you choose to interact.

4. Why do we use your data and on what legal bases?

4.1. Order processing

Purposes: recording the order, collecting payment, preparing or having the Products prepared, arranging delivery, communicating tracking information, handling returns, refunds and after-sales service.

Legal basis: performance of the contract concluded with the Customer.

4.2. Customer account management

Purposes: providing access to the account, keeping the information needed for it to work and making it easier to follow orders.

Legal basis: performance of the contract and provision of the features requested by the user.

4.3. Invoicing, accounting and legal obligations

Purposes: issuing and keeping invoices, meeting accounting, tax, administrative and regulatory obligations.

Legal basis: compliance with a legal obligation.

4.4. Customer service, complaints and guarantees

Purposes: responding to requests, handling incidents, returns, guarantees and complaints and following up the Customer relationship.

Legal basis: performance of the contract, legal obligations and, where necessary, the legitimate interest of GEN PERFORMANCE in following up and defending its rights.

4.5. Fraud prevention and security

Purposes: securing accounts, orders and payments, detecting fraudulent or abusive behaviour, preventing unauthorised access and protecting IT systems.

Legal basis: the legitimate interest of GEN PERFORMANCE in protecting its business, its Customers and its systems, and, in certain cases, the legal obligations of payment service providers.

4.6. Statistics and website improvement

Purposes: understanding how the website is used, measuring its performance, detecting technical problems and improving navigation and the services offered.

Legal basis: legitimate interest where the processing can lawfully be carried out without consent; consent where it is required for the use of cookies or other trackers.

4.7. Commercial communications

Purposes: sending information about GEN PERFORMANCE’s Products, new arrivals, offers or news.

Legal basis: your consent where it is required.

In the cases permitted by the regulations, GEN PERFORMANCE may also communicate with its existing Customers about Products or services similar to those they have already purchased, provided that they are able to object easily and free of charge.

4.8. Advertising and measurement of advertising effectiveness

Where you consent, certain browsing data or technical identifiers may be used to measure the effectiveness of advertising campaigns, limit the repetition of ads or offer more relevant advertising content.

Legal basis: consent where it is required.

5. What information is mandatory?

The information marked as mandatory when placing an order or in a form is necessary for the corresponding purpose.

For example, without a name, delivery details and the information necessary for payment, GEN PERFORMANCE cannot fulfil an order.

On the other hand, subscribing to a newsletter, accepting non-essential cookies or providing optional information is not necessary to make a purchase, except where a particular feature requires it.

6. To whom may your data be disclosed?

GEN PERFORMANCE neither sells nor rents its Customers’ personal data.

However, certain data must be disclosed to service providers or partners where this is necessary for the operation of the website or the performance of your order.

Depending on the services used, the recipients may in particular include:

6.1. Shopify

The GEN PERFORMANCE shop runs on the Shopify platform.

Shopify processes certain data necessary for hosting, the operation of the website, order management, Customer accounts, security, payment features and the other Shopify services used by GEN PERFORMANCE.

Depending on the nature of the processing, Shopify may act on behalf of GEN PERFORMANCE or for its own purposes in accordance with its own privacy policy.

6.2. Payment service providers

Depending on the payment method chosen, certain data may be processed in particular by:

  • Stripe for certain card payments;
  • PayPal;
  • Oney where payment in instalments is requested;
  • Shop Pay / Shopify where used;
  • Apple Pay where used;
  • or any other payment method presented to the Customer at checkout.

These providers may carry out their own processing, in particular for executing the payment, preventing fraud, complying with their regulatory obligations and, in the case of a financing solution, assessing and managing the application.

GEN PERFORMANCE does not decide whether a financing application is accepted by Oney or any other financial institution.

6.3. Carriers and logistics partners

The data necessary for delivery may be passed on to the carrier, the pickup point network and any of their delivery partners.

This may concern in particular your name, your address, your e-mail address, your telephone number and the information necessary to track the parcel.

6.4. Manufacturers and suppliers

Where necessary to fulfil an order, arrange a direct shipment, handle a technical request or provide after-sales service or a guarantee, certain information may be disclosed to the manufacturer or supplier concerned.

Only the data necessary for the purpose concerned should be passed on.

6.5. Technical service providers

GEN PERFORMANCE may use service providers necessary for the operation, maintenance and security of the website, the sending of e-mails, website analytics or other technical functions.

6.6. Advertising and measurement platforms

Where you have given your consent where it is required, technical or browsing information may be passed on or made accessible to services such as:

  • Google, in particular Google Ads and associated tools;
  • Meta, in particular via technologies linked to Facebook or Instagram;
  • LinkedIn;
  • and any other advertising or measurement tools activated on the website.

6.7. Authorities and advisers

Data may also be disclosed to administrative or judicial authorities, law enforcement agencies, insurers, legal advisers or other recipients where such disclosure is required by law or necessary for the establishment, exercise or defence of a legal claim.

7. Payment and bank details

Full bank details are entered and processed within the secure environments of the payment service providers used.

GEN PERFORMANCE is not intended to receive or directly store the full number of your bank card or its security code.

Payment service providers have their own obligations regarding security and data protection.

8. Data transfers outside the European Economic Area

Some service providers used by GEN PERFORMANCE operate internationally.

As a result, certain data may be hosted, accessed or processed in countries outside the European Economic Area.

Where such transfers are subject to the GDPR, they must be covered by a mechanism recognised by the applicable regulations, in particular:

  • an adequacy decision of the European Commission;
  • standard contractual clauses approved by the European Commission;
  • binding corporate rules;
  • or any other legally recognised transfer mechanism.

Shopify states in particular that the data of persons located in the European Economic Area is received by Shopify International Ltd. in Ireland and may then be transferred to other Shopify entities or service providers in compliance with the mechanisms provided for by applicable law.

You can contact GEN PERFORMANCE at contact@gen-performance.com for more information on the safeguards applicable to a particular transfer.

9. Retention periods

GEN PERFORMANCE only keeps personal data for as long as necessary for the purposes for which it was collected, plus, where necessary, the archiving periods imposed or permitted by the regulations.

9.1. Order and Customer relationship data

The data necessary for the performance and follow-up of orders is kept for the duration of the commercial relationship and may then be archived where necessary to comply with statutory limitation periods or to defend the rights of GEN PERFORMANCE or the Customer.

The data necessary to prove a contractual relationship may in particular be archived for a period of up to five (5) years where the ordinary limitation period applies.

9.2. Accounting documents and invoices

Invoices and accounting documents that must be kept under the regulations are kept for the applicable legal period, which may in particular be up to ten (10) years.

9.3. Contracts concluded electronically for an amount equal to or above the legal threshold

Where the regulations require a contract concluded electronically to be archived, it is kept for the legally prescribed period.

As at the date of this policy, contracts concluded electronically for an amount equal to or above €120 must in particular be kept for ten (10) years under the conditions laid down by the French Consumer Code (Code de la consommation).

9.4. Direct marketing

A Customer’s data used for direct marketing purposes may be kept for the duration of the commercial relationship and then for a maximum of three (3) years from the end of that relationship, unless the Customer has objected earlier.

A prospect’s data may be kept for a maximum of three (3) years from its collection or from the last contact initiated by the prospect.

9.5. Customer service, complaints and after-sales service

Exchanges and documents relating to a request are kept for as long as necessary to process it and then, where justified, for as long as necessary for evidence, the handling of a guarantee or the defence of a right.

9.6. Identity documents

GEN PERFORMANCE only requests an identity document where necessary and proportionate, in particular where a carrier or a verification procedure requires it, or where there is reasonable doubt as to the identity of a person exercising their rights.

Any copy received is deleted as soon as it is no longer necessary for the verification or the file concerned, unless there is a legal obligation or a particular need related to a dispute.

9.7. Payment data

GEN PERFORMANCE only keeps the transaction references and information necessary to follow up the order, for accounting, for fraud prevention or for handling a dispute.

Payment service providers apply their own retention periods to the data they process under their own responsibility.

10. Newsletter and commercial communications

When you subscribe to a newsletter or agree to receive commercial communications, GEN PERFORMANCE may use your contact details to send you information about its Products, new arrivals or offers.

You can withdraw your consent or object to these communications at any time:

  • by using the unsubscribe link included in the messages concerned;
  • or by writing to contact@gen-performance.com.

Withdrawing your consent to marketing communications does not prevent GEN PERFORMANCE from sending you the communications necessary for the performance of your order, the operation of your account, security or after-sales service.

11. Cookies and other trackers

The website uses cookies and similar technologies.

A cookie is a small file or identifier that may be placed on or read from your device, in particular to enable the website to work or to recognise certain actions carried out while you browse.

11.1. Strictly necessary cookies

Certain cookies are essential for the website to work and may in particular enable:

  • the cart to be kept;
  • the login and payment to be secured;
  • the session to be managed;
  • the language or region to be selected;
  • the checkout to work;
  • certain choices necessary for the service to be remembered.

These trackers may be used without consent where they meet the legal conditions for exemption.

11.2. Audience measurement cookies

Certain tools may make it possible to measure traffic to and use of the website.

Where an audience measurement tool strictly meets the conditions for exemption from consent, it may be used on that basis.

In other cases, the user’s consent is obtained before the tracker concerned is activated.

11.3. Advertising and social media cookies

With your consent where it is required, GEN PERFORMANCE may use technologies intended to measure advertising campaigns or personalise advertising.

The tools present or likely to be used may in particular include:

  • Google Ads;
  • Google Tag Manager for the technical management of certain tags;
  • Meta Pixel and technologies associated with Facebook or Instagram;
  • LinkedIn tools;
  • and the advertising or analytics tools offered by Shopify or other service providers activated on the website.

These tools may collect in particular cookie identifiers, information about your device, your IP address, the pages visited or certain interactions with the website.

11.4. Managing your choices

Where your consent is required, you can:

  • accept the cookies concerned;
  • refuse them;
  • customise your choices by purpose;
  • and withdraw your consent later.

These choices must be able to be changed at any time using the privacy preferences management tool provided on the website.

Simply configuring your browser does not replace, where it is required, the consent mechanism provided on the website.

GEN PERFORMANCE may keep proof of the choice expressed regarding cookies so as not to ask the user again at each visit. A period of approximately six (6) months is generally applied to this choice, in line with the recommendations of the CNIL (the French data protection authority).

Where audience measurement trackers exempt from consent are used, their lifetime and the retention period of the information collected are limited in accordance with the applicable rules and recommendations.

12. Social networks and third-party services

The website may contain links or features giving access to third-party services, in particular Facebook, Instagram, TikTok, YouTube, LinkedIn or other platforms.

When you leave the GEN PERFORMANCE website or interact with a feature provided by a third party, the processing of your data may also be subject to that third party’s terms and privacy policies.

GEN PERFORMANCE is not responsible for processing carried out under the sole responsibility of these platforms.

13. Automated decision-making

In the normal operation of the shop, GEN PERFORMANCE does not make any decision based solely on automated processing that produces legal effects concerning the Customer or similarly significantly affects them.

Certain service providers, in particular payment or financing institutions, may however use their own automated systems for fraud prevention, security or the assessment of a financing application.

Such processing is then carried out in accordance with the information provided by the service provider concerned.

14. Data security

GEN PERFORMANCE implements technical and organisational measures appropriate to the nature of the data processed and the associated risks in order to limit, in particular, the risks of unauthorised access, alteration, loss, destruction or disclosure.

These measures may in particular include:

  • the use of secure HTTPS connections;
  • restricting access to the persons and service providers who need it;
  • the use of authentication mechanisms;
  • the management of access rights;
  • keeping the systems and software used up to date;
  • and the use of specialised service providers with their own security measures.

As no IT system can guarantee zero risk, GEN PERFORMANCE adapts its security measures according to the risks and to reasonably available technical developments.

15. Your rights

Under the conditions laid down by the applicable regulations, you may in particular have the following rights:

  • right of access to your personal data;
  • right to rectification of inaccurate or incomplete data;
  • right to erasure, where the legal conditions are met;
  • right to restriction of processing;
  • right to object to certain processing based on legitimate interest and to direct marketing;
  • right to data portability for certain automated processing based on your consent or the performance of a contract;
  • right to withdraw your consent at any time where processing is based on it, without affecting the lawfulness of processing carried out before its withdrawal;
  • and, in accordance with French law, the possibility of setting out instructions regarding what happens to your data after your death, under the conditions laid down by law.

16. How to exercise your rights

You can exercise your rights or ask any question about the use of your data by contacting:

GEN PERFORMANCE
13 Route de Toulouse
31490 Léguevin – France
E-mail: contact@gen-performance.com

Your request must enable you to be sufficiently identified and make clear which right you wish to exercise.

GEN PERFORMANCE may ask you for additional information to verify your identity where there is reasonable doubt about it.

A copy of an identity document will only be requested where it is genuinely necessary for this verification.

GEN PERFORMANCE responds to requests within the time limits laid down by the GDPR, in principle within one month of receipt. This period may be extended under the conditions laid down by the GDPR, depending on the complexity and number of requests.

17. Right to lodge a complaint with the CNIL

If, after contacting GEN PERFORMANCE, you consider that your rights regarding your personal data are not being respected, you may lodge a complaint with:

Commission nationale de l’informatique et des libertés (CNIL)
3 Place de Fontenoy – TSA 80715
75334 Paris Cedex 07 – France
Website: https://www.cnil.fr

18. Changes to this Policy

GEN PERFORMANCE may amend this Privacy Policy to take into account, in particular:

  • changes to its services;
  • the addition or removal of a service provider;
  • changes to the technologies used;
  • or a change in the applicable regulations.

The date of the last update shown at the top of this page identifies the version currently applicable.

Where the changes are substantial and the regulations so require, GEN PERFORMANCE takes appropriate measures to inform the data subjects or to obtain new consent.

19. Contact

For any question regarding this Policy or the processing of your personal data:

GEN PERFORMANCE
13 Route de Toulouse
31490 Léguevin – France
E-mail: contact@gen-performance.com
Telephone: +33 7 62 35 02 73